Everett, Wash.
Published: Monday, August 11, 2008

Judicial candidate says his campaign is 'not a grudge match'

Defeated by Eric Lucas in 2004, David Hulbert wants voters to return him to Snohomish County Superior Court

By Diana Hefley
Herald Writer

 EVERETT -- If a former Snohomish County Superior Court judge wants to reclaim a place on the bench, he'll have to beat out the same man who took the job from him four years ago.

David Hulbert, 56, is challenging incumbent Superior Court Judge Eric Lucas, 54, in one of two contested county judicial races. The men face off for Superior Court judge Position 8 in this month's primary election. The contest will be included in the general election only if the candidates tie in the polls during the primary.

Hulbert was the incumbent in 2004 when he was solidly defeated by Lucas, then a state administrative appeals judge. Lucas' victory marked the first time in decades voters elected a newcomer over a seated, established judge.

"It's a rematch," Hulbert said. "It's not a grudge match."

The candidates are recycling some of their talking points from last election. Each also says the last four years are proof that he is the one better suited for the job.

Lucas, who struggled for name recognition in 2004, said he believes his time on the bench has made him an even stronger candidate than when he ousted Hulbert.

"I think in his mind something has changed," Lucas said. "In my mind nothing has changed, except my qualifications have improved dramatically since then."

He said he's gained more experience and become active in the state judicial community. He also is endorsed by his fellow judges in Superior Court.

Since his election, Lucas became the presiding judge of juvenile drug court and a volunteer with the state's Superior Court Judge's Association's equality and fairness committee. He also serves on the state Board for Judicial Administration's best practices committee.

He said he has proved he is a fair judge.

"When people come to my courtroom, you're going to be heard and it's going to be a level playing field," Lucas said.

Lucas said Hulbert's track record from his time on the job remains the same.

Lawyers filed 134 affidavits of prejudice against Hulbert the last 4 ½ years he was on the bench. All other judges combined received 145 affidavits in the same period, according to a 2004 report The Herald requested from the Snohomish County Clerk's Office.

Under court rules and state law, attorneys can disqualify a judge from hearing a case without stating a reason. Only one affidavit is allowed per case.

Lawyers sometimes seek these affidavits because they don't think their client will get a fair trial in front of the assigned judge.

Fairness isn't always the reason affidavits of prejudice are filed, lawyers said. The affidavits can be used as a tactic to delay a trial or hearing. A lawyer may just believe he'll do better in another judge's court.

Attorneys have filed 28 affidavits of prejudice against Lucas during his tenure, according to a recent report the clerk's office prepared at The Herald's request.

Hulbert said Lucas' performance over the last four years has been a disappointment. The evidence, Hulbert said, can be found in the results of a judicial evaluation done in December by the Snohomish County Bar Association. Lucas ranked the lowest among his peers.

Hulbert believes those results are more telling than the recent bar association poll, in which Lucas beat out the former judge. The judicial evaluation asked more in-depth questions than the bar poll and wasn't a simple ranking system, he said.

Hulbert said he was motivated to run again because he believes he is a better judge than Lucas.

Hulbert said he has more experience and has practiced law in the county for nearly 30 years. He was a deputy prosecutor in the early 1980s and later ran a private practice. He was first elected to the bench in 1993.

Hulbert said he has the demeanor for the job and the "good horse sense" it takes to follow the law and also make people feel like they are being treated decently.

"I've done this job longer and better," Hulbert said.

Hulbert said he believes he wouldn't have lost his seat in 2004 if he had taken full advantage of the Snohomish County voters pamphlet. He said he failed to submit a statement or photograph because of a misunderstanding.

Lucas was in the pamphlet. Hulbert said he believes voters mistook Hulbert's absence in the pamphlet as apathy for the job.

"You should never take this process for granted," he said. "The job does mean a great deal. I really do love the people of Snohomish County."



Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.
© 2009The Daily Herald Co., Everett, WA